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the Establishment of a New International Economic Order and the Int ernational
Convention on the Elimination of All Forms of Racial Discrimination.
6.
In the present report, the Special Rapporteur highlights significant
developments in the international promotion of formal and substantive racial equality
that can be attributed to the influence of the Durban Declaration and Programme of
Action and the Durban process. In the document, the relevant scope for addressing
racism, racial discrimination, xenophobia and related intolerance was expanded to
take into account historical precedents. It contains actionable recommendations for
how States, non-State actors and civil society can challenge racism as it manifests in
individual relations, in legal systems and in societal structures at the local, national,
regional and transnational levels. It serves to highlight unequal economic and political
structures as being essentially connected to the problems of racism, racial
discrimination, xenophobia and related intolerance. In doing all of this, the Durban
Declaration and Programme of Action is a groundbreaking document, in which
decolonial, anti-racist and anti-xenophobic commitments have been explicitly fused
into a single human rights instrument. It is also unique in that it is the outcome of
sustained and transnational advocacy by civil society actors and advocacy groups that
are traditionally excluded from human rights norm creation.
7.
The Durban process has been especially important for organizing and promoting
efforts to ensure human rights for people of African descent, buildi ng solidarity
between Africans and the African diaspora and energizing the movement for
reparations for slavery and the transatlantic slave trade. The Durban Declaration and
Programme of Action has encouraged the collection of data on people of African
descent and indigenous peoples, especially in Latin America, and led to the creation
of national action plans, national equality bodies and regional human rights
instruments against racial discrimination. It has served to enhance recognition of
racism against people of African descent, people of Asian descent, migrants,
indigenous peoples, Roma and religious minorities. It was also one of the first
international human rights instruments to utilize the concept of intersectional
discrimination to consider how gender, class and other social categories mediated
lived experiences of racism. And, although caste is not mentioned in the document,
the Conference was a key catalyst in organizing an international solidarity movement
against caste-based discrimination that yielded important results. 6
8.
The interpretation of racial equality and non-discrimination human rights
standards has, in many places, tended to be skewed in favour of the vindication of
individual claims where racial or xenophobic hatred was explicit. Although in some
cases international human rights law has addressed contexts of societal violence,
redress and reparation for human rights violations are still often centred around
individualized remedies rather than community-based or societal reparation. In this
regard, one of the most positive contributions of the Durban Declaration and
Programme of Action has been the centring of societal reparations within the
international human rights framework.
9.
Notwithstanding these and other contributions, the Conference and its outcome
document have also been the subject of persistent controversy, which has been used
to thwart engagement with its commitments. According to some States and civil
society actors, the Declaration and Programme of Action is itself a “racist document”
that needs to be discarded. Nothing could be further from the truth, and false
assertions such as this are part of a disinformation campaign dedicated to erasing the
document’s legacy from the human rights system. The Special Rapporteur s trongly
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Submission by the International Dalit Solidarity Network; and Clifford Bob, “‘Dalit rights are
human rights’: caste discrimination, international activism and the construction of a new human
rights issue”, Human Rights Quarterly, vol. 29, No. 1 (February 2007), p. 185.
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